The court occupies the Howard T. Markey National Courts Building, the Tayloe House, the former Cosmos Club, and the Dolley Madison House in Washington, D.C. The court sits from time-to-time in locations other than Washington, and its judges can and do sit by designation on the bench of other courts of appeals and federal district courts.

Jurisdiction

The Federal Circuit is unique among the courts of appeals as it is the only court that has its jurisdiction based wholly upon subject matter rather than geographic location. The Federal Circuit is an appellate court with jurisdiction generally given in 28 U.S.C.§ 1295. The court hears certain appeals from all of the United States District Courts, appeals from certain administrative agencies, and appeals arising under certain statutes. Among other things, the Federal Circuit has exclusive jurisdiction over appeals from:[3]

Although the Federal Circuit typically hears all appeals from any of the United States district courts where the original action included a complaint arising under the patent laws, the Supreme Court has decided that it does not if the patent claims arose solely as counterclaims by the defendant.[4] Though other appellate courts can now hear patent counter-claims in theory, this has not happened often.

The decisions of the Federal Circuit, particularly in regard to patent cases, are unique in that they are binding precedent throughout the U.S. within the bounds of the court's subject-matter jurisdiction. This is unlike the other courts of appeals as the authority of their decisions is restricted by geographic location and thus there may be differing judicial standards depending on location. Decisions of the Federal Circuit are only superseded by decisions of the Supreme Court or by applicable changes in the law. Also, review by the Supreme Court is discretionary, so Federal Circuit decisions are often the final word, especially since there are usually no circuit splits given the Federal Circuit's exclusive subject-matter jurisdiction. In its first decision, the Federal Circuit incorporated as binding precedent the decisions of its predecessor courts, the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims.[5]

Because the Court is one of national jurisdiction, panels from the court may sit anywhere in the country. Typically, once or twice a year, the court will hold oral arguments in a city outside of its native Washington D.C. The panels may sit in Federal courthouses, state courthouses, or even at law schools.

Composition

The Federal Circuit has a total of 12 active circuit judges sitting at any given time, who are required to reside within 50 miles of the District of Columbia, as set by 28 U.S.C.§ 44. Judges on senior status are not subject to this restriction. As with other federal judges, they are nominated by the President and must be confirmed by the Senate. Their terms last during the "good behavior" of the judges, which typically results in life tenure. When eligible, judges may elect to take senior status. This allows a senior judge to continue to serve on the court while handling fewer cases than an active service judge. Each judge in active service employs a judicial assistant and three law clerks, while each judge in senior status employs a judicial assistant and one law clerk.[6]

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Current composition of the court

As of Judge Alvin Schall taking senior status on October 5, 2009, the judges on the court are:

Chief Judge Paul Redmond Michel has announced that he will retire on May 31, 2010.[10] This will create a second vacancy on the Federal Circuit. President Obama has not yet nominated a replacement for Michel.

Chief judges

Chief Judges

Markey

1982–1990

Nies

1990–1994

Archer

1994–1997

Mayer

1997–2004

Michel

2004–present

In order to qualify for the office of Chief Judge, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as Chief Judge. A vacancy in the office of Chief Judge is filled by the judge highest in seniority among the group of qualified judges. The Chief Judge serves for a term of seven years or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position. Unlike the Chief Justice of the United States, a Chief Judge returns to active service after the expiration of his or her term and does not create a vacancy on the bench by the fact of his or her promotion. See 28 U.S.C.§ 45.

The above rules have applied since October 1, 1982. The office of Chief Judge was created in 1948 and until August 6, 1959 was filled by the longest-serving judge who had not elected to retire on what has since 1958 been known as senior status or declined to serve as Chief Judge. From then until 1982 it was filled by the senior such judge who had not turned 70.

Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge. It was decided that the chief judge of the predecessor court who had the most seniority, as chief judge, would be the new chief judge.[12] This made Howard T. Markey, former chief judge of the Court of Customs and Patent Appeals, the first chief judge.

Succession of seats

The court has twelve seats for active judges, numbered in alphabetical order by their occupant at the time the court was formed, with the sole vacant seat being numbered last. Judges who retire into senior status remain on the bench but leave their seat vacant. That seat is filled by the next circuit judge appointed by the President.

Seat 1

Reassigned on April 2, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25

Baldwin

1982–1986

Michel

1988–present

Seat 2

Reassigned on April 2, 1982 from the United States Court of Claims by 96 Stat. 25

Bennett

1982–1986

Mayer

1987–present

Seat 3

Reassigned on April 2, 1982 from the United States Court of Claims by 96 Stat. 25

Davis

1982–1988

Clevenger

1990–2006

Moore

2006–present

Seat 4

Reassigned on April 2, 1982 from the United States Court of Claims by 96 Stat. 25

Kashiwa

1982–1986

Plager

1989–2000

Prost

2001–present

Seat 5

Reassigned on April 2, 1982 from the United States Court of Claims by 96 Stat. 25

Friedman

1982–1989

Lourie

1990–present

Seat 6

Reassigned on April 2, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25

Markey

1982–1990

Bryson

1994–present

Seat 7

Reassigned on April 2, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25

Miller

1982–1985

Archer

1985–1997

Dyk

2000–present

Seat 8

Reassigned on April 2, 1982 from the United States Court of Claims by 96 Stat. 25

Nichols

1982–1983

Newman

1984–present

Seat 9

Reassigned on April 2, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25

Nies

1982–1995

Gajarsa

1997–present

Seat 10

Reassigned on April 2, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25

Rich

1982–1999

Linn

1999–present

Seat 11

Reassigned on April 2, 1982 from the United States Court of Claims by 96 Stat. 25

source for the state, lifetime, term of active judgeship, term of chief judgeship, term of senior judgeship, appointer, termination reason, and seat information

Further reading

Bennett, Marion T. (1991). The United States Court of Appeals for the Federal Circuit: A History, 1982–1990. Washington, D.C.: United States Judicial Conference Committee on the Bicentennial of the Constitution of the United States. LCCN91-601231.

United States Court of Appeals for the Federal Circuit: A History: 1990–2002 / compiled by members of the Advisory Council to the United States Court of Appeals for the Federal Circuit in celebration of the court's twentieth anniversary.. Washington, D.C.: U.S. Court of Appeals for the Federal Circuit. 2004. LCCN2004-050209.